When change happens, we can become overwhelmed or take a while to adjust to it. Perhaps that was the case for one man, who was kicked out of his brother's home and forced to find a new home. According to the news, he was previously convicted of possessing child pornography and was a registered sex offender. He decided to move back to his home town after finding a job as a cook there, but failed to check in with police after the move. In Denver and across Colorado, he would be charged with Failure to Register as a Sex Offender.
When Can I Be Charged with Failure to Register as a Sex Offender?
Failure to Register as a Sex Offender, C.R.S. 18-3-412.5, can be charged in Adams County and Jefferson County in many ways. One way someone can be charged with Failure to Register as a Sex Offender is whenever he or she fails to register with the local law enforcement agency in each jurisdiction where the person resides upon changing an address, establishing an additional residence, or legally changing names.
Because the man moved to another town and changed his address, but failed to register his new address, he could be charged with Failure to Register as a Sex Offender. Additionally, because the man was convicted of a felony, he could be charged with class 6 felony Failure to Register as a Sex Offender for not registering his new address after moving. It's also important to note that you can be charged with Failure to Register as a Sex Offender if after you move you fail to deregister.
The news story says the man took complete ownership of his actions regarding failing to register, and even acknowledged the weight of his actions. Perhaps he got caught up in the move and forgot when he needed to register by. That doesn't make him a bad person. In many cases, men and women required to register as a sex offender are charged with failing to register because Colorado's laws are so restrictive.
What Are the Defenses to Failing to Register as a Sex Offender?
In Colorado, the affirmative defense to Failure to Register as a Sex Offender is that:
- Uncontrollable circumstances prevented the person from complying
- The person didn't contribute to the circumstances in reckless disregard of the requirement to comply
- The person complied as soon as the circumstances ceased to exist.
However, for the affirmative defense to be used, a defendant has to tell the prosecuting attorney they intend to rely on the affirmative defense. The defendant has to notify the prosecuting attorney of their intent to use the affirmative defense as soon as practicable, but not later than 35 days prior to trial. The defendant also must provide a description of the uncontrollable circumstance or circumstances, the dates those circumstances began and ended, along with the names and addresses of witnesses the defendant plans on calling to support the affirmative defense. The prosecuting attorney would then give the defendants names and addresses of additional witnesses to call to refute the affirmative defense. The court will then determine if the claimed facts and circumstances would constitute sufficient evidence to be presented to the jury.
Colorado Laws Make it Difficult to Register
In Douglas and Arapahoe County, laws are restrictive for registered sex offenders. Men and women required to register as sex offenders have to keep track of many rules and details when it comes to registering as a sex offender. Men or women required to register as sex offenders must provide to law enforcement a place of employment, a current name and any former names, an email address, instant-messaging identity, and chat room identity prior to using that address or identity, and much more. The list of what's required when registering as a sex offender is long and detailed, and it can be easy to forget what's required. Colorado law also requires a person to register all correct information within five days of moving. This can be a hard expectation to meet, especially if someone gets caught up in their move.
Why You Need the Best Denver Failure to Register as a Sex Offender Attorneys
Denver and Aurora DAs, judges and police enforce these restrictive laws to try to protect society. Unfortunately, Failure to Register as a Sex Offender laws can often cause more harm than good. For example, they can make it hard for a registered sex offender to find a place to live or work, or cause them to feel so isolated from society that they end up reoffending. If you've been charged with Failure to Register as a Sex Offender anywhere in Colorado, be sure to hire an experienced sex crimes lawyer immediately. Your future is worth protecting.Request a Free Consultation